2523 Citizenship
A. Citizenship or Satisfactory Immigration Status
1. The department hereby adopts criteria for the coverage of qualified non-citizens pursuant to the provisions of §401 of the Personal and Work Opportunity Act of 1996 (P.L. 104-193) as amended by the Balanced Budget Act of 1997 (P.L. 105-33). For purposes of this Part, the term qualified noncitizens shall have the same meaning as the term qualified alien as set forth in 8 USC § 1641(b).
2. Effective October 1, 2026, Sections 1903 (v)(5) and 2107(e)(1)(R) of the Social Security Act, as amended by Section 71109 of the Budget Reconciliation Act of 2025 (P.L. 119-21), limits federal financial participation (FFP) for full-benefit Medicaid coverage. Medicaid eligibility is limited to individuals who meet all other eligibility requirements and who are among the classes eligible for FFP pursuant to 42 USC §1396b(v)(5).
3. The department provides Medicaid coverage to qualified non-citizens who were present in the United States before August 22, 1996, if federal law authorizes FFP and the individual meets all eligibility criteria.
4. Qualified non-citizens entering the United States on or after August 22, 1996, are not eligible for Medicaid coverage until five years after entry into the United States.
a. Such qualified non-citizens are eligible for emergency services only.
b. Upon expiration of the five-year period, coverage for regular Medicaid services shall be considered if federal law authorizes FFP and the qualified non-citizen meets all eligibility criteria of a Medicaid eligibility group.
5. This Section does not restrict coverage for emergency medical services, lawfully residing children, pregnant women under the CHIRPA 214 option, or any other coverage category for which federal law authorizes FFP.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.
HISTORICAL NOTE: Promulgated by the Department of Health, Bureau of Health Services Financing, LR 45:44 (January 2019), amended LR 52:1348 (August 2026).